JUDGE SAYS GOLF COURSE INITIATIVE CAN PROCEED

ESCONDIDO 
A Superior Court judge refused Wednesday to block a proposed ballot initiative that seeks to preserve the defunct Escondido Country Club golf course as open space.

Judge Earl Maas denied a request for a temporary restraining order sought by a developer trying to build a nearly 300-home subdivision on the 110-acre course in north Escondido.

The developer, Michael Schlesinger, closed the course April 1. He said the course couldn’t make a profit and that he planned to build housing on it.

Nearby residents complained that the subdivision would destroy the green space that drew them to the area and they started gathering signatures for a ballot initiative in May.

In June, Schlesinger filed suit against the city and the residents, claiming the measure is illegal and would violate his property rights.

If at least 5,956 of the 9,360 signatures gathered by residents turn out to be valid, the Escondido City Council is set to decide Aug. 28 whether to declare the area open space or vote to place the initiative on the November 2014 ballot.

The restraining order request sought to stop officials from validating the signatures, prevent the council from considering the measure and block any potential vote on it.

In a news release, Schlesinger’s investment company — Stuck in the Rough — said Judge Maas might still eventually rule that the measure is illegal.

Despite denying the restraining order request, Maas said Wednesday that the measure raised serious property rights concerns, according to the news release.

Attempting to compromise with residents, Schlesinger recently agreed to decrease the number of homes he plans to build on the former golf course from 450 to 283.